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2012 Supreme(Mad) 194

P.JYOTHIMANI, M.DURAISWAMY
Bank of India – Appellant
Versus
Debt Recovery Tribunal, Coimbatore – Respondent


Advocates appeared:
For the Petitioner:K. Rajasekaran, Advocate.
For the Respondents:R2 - B. Raviraja, Advocate.

JUDGMENT :-

P. JYOTHIMANI, J.

1. This Writ Petition has been preferred against the order of the Debt Recovery Tribunal by the Bank, in and by which the Tribunal, on the Application filed by the Bank for recording an award of settlement arrived at in a Lok Adalat conducted by the Tamil Nadu State Legal Services Authority under the provisions of the Legal Services Authorities Act, 1987, refused to record the compromise entered between the Bank and the borrower on the ground that there is no authority for the Officer concerned to sign the terms of settlement and to give a big waiver.

2. We have heard Mr. K. Rajasekaran, learned Counsel appearing for the Bank as well as Mr. B. Raviraja, learned Counsel appearing for the borrower/Second Respondent.

3. Both the Bank as well as the borrower, in a Lok Adalat conducted by the Tamil Nadu State Legal Services Authority, have arrived at a settlement and the same has been recorded by the Lok Adalat and a decree, in fact, has been passed as per Section 21 (2) of the Legal Services Authorities Act. It is also stated by Mr. B. Raviraja, learned Counsel appearing for the borrower/ Second Respondent that pursuant to the award passed by the Lok Adalat

































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